Legal Question in Family Law in New Mexico

divorce filed with kids in home by father

The mother was out of state in Arizona, left kids with her mother, the mother gave the kids back to fatherin New Mexico. The father filed for divorce on 1/10/07 and she is now back here. Now the father can get the sherrif to serve the papers. Can she take the 3 kids from his house or must she just visit them there until after the divorce. Kids are 1,3,and years. The court issued a Temporary Domestic order to the father. Can he keep her from removing them from the trailer? He filed for sole custody, works etc and has the trailer. She left the residence a year ago.


Asked on 1/13/07, 1:15 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: divorce filed with kids in home by father

The general answer to your question is yes, he can keep the mother from taking the children by virtue of the temporary domestic order. If she should come by on a weekend the father could call the police and they could escort the mother off of the premises. During the week the mother and father could go to court and begin working on a parenting plan whereby visitation between children and their parents could take place.

Good luck with this difficult situation.

Law Guru

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Answered on 1/13/07, 10:07 pm


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